Canadian Senate

The Senate (French: Sénat) is a component of the Parliament of Canada, which also includes the Sovereign (represented by the Governor General) and the House of Commons. The Senate is an appointed body, consisting of 105 members appointed by the Governor General on the advice of the Prime Minister. Senate seats are divided among the provinces in such a way that Ontario, Quebec, the Maritime provinces, and the Western provinces are equally represented. The number of seats for Newfoundland and Labrador, the Northwest Territories, Yukon, and Nunavut are assigned apart from these regional divisions. Senators serve until they reach the age of seventy-five.

Qualifications

The Constitution Act, 1867 outlines the qualifications of senators. Individuals who are not citizens of Canada, and individuals aged less than thirty years, may not be appointed to the Senate. Senators must also reside in the provinces or territories for which they are appointed.

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The Constitution Act, 1867 also sets property qualifications for senators. A senator must possess land worth at least $4,000 in the province for which he or she is appointed. Moreover, a senator must own real and personal property worth at least $4,000, above his or her debts and liabilities. These property qualifications were originally introduced to ensure that the Senate represented Canada's economic and social élite. Now, however, the sum in question is far less valuable due to the effects of inflation. Nevertheless, the property qualification has never been abolished or amended, and initially caused problems with the 1997 Senate appointment of Sister Peggy Butts, a Catholic nun who had taken a vow of poverty. (The situation was resolved when her order formally transferred a small parcel of land to her name.)

Related Topics:
Real - Personal property - Debt - Liabilities - Inflation - 1997 - Peggy Butts - Catholic - Nun

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The original Canadian constitution did not explicitly bar women from sitting as senators. However, until the end of the 1920s, only men had been appointed to the body. In 1927, five Canadian women ("The Valiant Five") requested the Supreme Court of Canada to determine if females were eligible to become senators. Specifically, they asked if women were considered "persons" under the British North America Act 1867, which provided, "The Governor General shall ... summon qualified Persons to the Senate; and ... every Person so summoned shall become and be a Member of the Senate and a Senator." In Edwards v. Canada (Attorney General) (commonly known as the "Persons Case"), the Supreme Court unanimously held that women could not become senators. The Court based its decision on the grounds that the framers of the constitution did not foresee female senators, as women did not participate in politics at the time; moreover, they pointed to the constitution's use of the pronoun "he" when referring to senators. On appeal, however, the Judicial Committee of the Privy Council (effectively Canada's highest court at the time) ruled that women were indeed "persons" in the meaning of the constitution. Four months later, the government of Prime Minister William Lyon Mackenzie King appointed Canada's first female senator, Cairine Wilson of Ontario.

Related Topics:
1920s - 1927 - The Valiant Five - Supreme Court of Canada - Persons Case - Judicial Committee of the Privy Council - William Lyon Mackenzie King - Cairine Wilson

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